A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. On March 11, 2011, the Defendant made a false statement with the victim F at the E’s office near the Gangnam-gu SeoulD Station, stating that “The Defendant would sell the land of 1012 square meters in the wife G in the wife population G in the city of tolerance-si owned by the Defendant to KRW 6,50,000,000,000 as the down payment.”

However, the defendant did not have the intention or ability to sell the above real estate to the victim even if the defendant concludes a contract to use it for gambling money and receives the down payment.

As such, the Defendant received a false statement from the victim and received 60 million won from the victim to the passbook in the name of the Defendant’s bank under the name of the Defendant as the down payment.

2. On March 15, 2011, the Defendant made a false statement to the victim J on the Ida located in Seongbuk-gu Seoul, Seongbuk-gu, stating that “The Defendant would sell the land of KRW 1012 square meters in the wife G located in Yongsan-si, and sell it in KRW 6.5 million, with priority, KRW 20 million as down payment.”

However, the defendant did not have the intention or ability to sell the above real estate to the victim even if he received the down payment by concluding such contract for the purpose of using it for gambling money.

As such, the Defendant received a total of KRW 20 million from the victim by falsely speaking the victim and receiving KRW 5 million from the victim to the national bank account in the name of the Defendant, as down payment, in cash, as the down payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to the F and J;

1. A certified copy of each real estate register, power of attorney, and details of passbook transactions;

1. Application of Acts and subordinate statutes on contract, receipt, and details of passbook transactions;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations according to the sentencing criteria; and